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What is the legal basis of realtor services provided by lawyers?

Wednesday, February 15, 2023 - 17:31

Basically the real estate brokerage activity may be carried out by a person who has the professional examination and qualification specified in the the provisions of Act LXXVIII of 1993. (Housing Act) and Government Decree o. 499/2017 Coll. (XII. 29.) and complies with the other prescribed conditions.

Pursuant to Section 64/C § (5) of the Act Housing Act, real estate brokerage activities may be performed by lawyers in their law firm as a supplementary service without obtaining a professional qualification obtainable on the basis of a separate specific realtor examination.

Therefore, an individual lawyer or a law firm is entitled to engage in realtor activities.

In addition, the attorney’s real estate brokerage activity is also regulated by Act LXXVIII of 2017 on the activity of a lawyers (Act on Lawyers). Section 3 (1) (j) of Act on Lawyers defines realtor services as an ancillary activity of a lawyer.

It is important to know that Section 3 (1) of Act on Lawyers also stipulates that, in addition to real estate brokerage, no further legal activity may be performed simultaneously in the same transaction as a lawyer. An exception is if the engaged law firm, the assignment is performed by different members of the law firm and the client expressly consents this additional service in writing.

Authored by az ÜgyvédHázak alapítója – Dr. Zalavári György